Consular immunity privileges are described in the
Vienna Convention on Consular Relations
The Vienna Convention on Consular Relations is an international treaty that defines a framework for consulate, consular International relations, relations between sovereign states. It codifies many consular practices that originated from Customar ...
of 1963 (VCCR).
[http://legal.un.org/ilc/texts/instruments/english/conventions/9_2_1963.pdf ] Consular immunity offers protections similar to
diplomatic immunity
Diplomatic immunity is a principle of international law by which certain foreign government officials are recognized as having legal immunity from the jurisdiction of another country. , but these protections are not as extensive, given the functional differences between
consular and diplomatic officers. For example, consular officers are not accorded absolute immunity from a host country’s
criminal jurisdiction
Criminal jurisdiction is a term used in constitutional law and public law to describe the power of courts to hear a case brought by a state accusing a defendant of the commission of a crime. It is relevant in three distinct situations:
#to regulat ...
, they may be tried for certain local crimes upon action by a local court, and are immune from local jurisdiction only in cases directly relating to consular functions.
Consular and diplomatic immunity in the US
Procedure
Procedurally, official acts immunity is raised as an
affirmative defense
An affirmative defense to a civil lawsuit or criminal charge is a fact or set of facts other than those alleged by the plaintiff or prosecutor which, if proven by the defendant, defeats or mitigates the legal consequences of the defendant's ...
.
See also
*
Diplomatic immunity
Diplomatic immunity is a principle of international law by which certain foreign government officials are recognized as having legal immunity from the jurisdiction of another country.
*
Vienna Convention on Consular Relations
The Vienna Convention on Consular Relations is an international treaty that defines a framework for consulate, consular International relations, relations between sovereign states. It codifies many consular practices that originated from Customar ...
References
External links
U.S. Department of State - Legal Aspects of Diplomatic Immunity and PrivilegesU.S. Diplomacy - Diplomatic and Consular Immunity
{{DEFAULTSORT:Consular Immunity
Diplomatic immunity and protection